CHOTEY LAL Vs. EMPEROR

JUDGEMENT

(1.) Chhotey Lal and his nephew, Ram Sarup, appeal against their conviction under Section 866, Indian Penal Code.

(2.) Chhotey Lal filed a complaint under Section 498, Indian Penal Code and obtained a warrant for the arrest of Mt. Katori as a witness. He alleged that Mt. Katori was his wife. The Tahsildar Magistrate issued the warrant Ex. P-3 under Section 90, Criminal P.C. The warrant empowers the police officer to arrest Mt. Katori and produce her in Court. It further said that after arrest she be delivered to a person approved by Chhotey Lal. In execution of this warrant Mt. Katori was arrested by Mehdi Husain, constable, at her father's place on 18-1.1945. He obtained a surety bond from Ram Sarup in the sum of Rs. 500 for the due appearance of Mt. Katori in Court on the appointed day. No personal bond was executed by Mt. Katori. She was in fact not re-quired to execute it. She did not want to go with Ram Sarup. Ram Sarup and Chhotey Lal accused forcibly took her away and kept her at their house. It is this conduct of the accused which is the basis for the present complaint and the conviction of Chhotey Lal and Ram Sarup.

(3.) On 20 1-1945, that is, two days after the incident, Girdhari Lal filed the present complaint under Secs.366 and 342, Indian Penal Code, against the appellants. He alleged that Mt. Katori was his wife; that he had a daughter from her and that she was in the family way. He further mentioned that previous to this incident, Chhotey Lal had applied under Section 100, Criminal P.C., and that Mt. Katori had been arrested but the application was struck off on 28-11-1944, after the recording of her statement in Court.